It’s dark, rainy and hard to see out of your rearview mirror. As you’re backing up out of a parking spot, you feel a sudden jolt as you accidentally reverse into a parked car. Oh no! Has this ever happened to you?
Many people panic when they hit a parked car, wondering what they should do. Don’t worry, you’re not alone.
With the busy holiday season right around the corner, packed parking lots and more frequent shopping trips means an increase in fender benders and other car accidents. The rules are relatively straightforward on what to do if you cause an accident and all parties involved are present.
But what about accidents that involve a parked car, when the owner is nowhere to be seen?
Here’s what you need to know (and do) if this happens to you.
What to do after hitting a parked car (8 steps)
Most state laws require all US drivers to obey a standard of “reasonable care, ” which means acting in a way any prudent driver would in a similar situation. Each state sets its own specific legal requirements in vehicle codes and other traffic laws and regulations. Whether an accident happens in a parking lot or public street, it makes no difference.
While it’s important to be aware of your local requirements, there are some common themes to help understand what the law requires if you hit a parked car and can’t find the owner of the other vehicle. Follow these steps to make sure you comply with the law and protect yourself from additional claims:
Legal DO’s and DON’Ts after hitting a parked car:
● DO inform your insurance company
● DO pay for damages (if at fault)
● DO contact an attorney
● DON’T forget to document the accident (take pictures and video)
● DON’T admit fault or apologize
1. Stay calm and breathe
First, stop your car and take a breath. Make sure you’re okay and that no one in your car is injured. If you or someone else is hurt, call 911 immediately. If possible, move your car off the road and to a safe place nearby. Turn on your flashers to warn others to be cautious as you will be getting out of your car.
Your health and safety is the number one priority.
2. Don’t hit and run
A hit and run accident is when a person collides with a person or another car (parked or in motion) and flees the accident scene. Leaving the scene is considered a criminal offense. Depending on the state, a hit and run may be a misdemeanor or felony punishable by fines, jail time, license points or all of these.
If you leave the scene, a police officer can use evidence and surveillance cameras to identify, locate and arrest you. You will also face higher insurance rates or an insurer may not even take you on.
You can look for the owner but don’t go too far. You definitely don’t want to drive away from the scene. A “reasonable” attempt to find the vehicle owner can be asking eyewitnesses, passersby or even checking inside nearby stores or restaurants.
Long story short: If you hit parked car, stay put because it’s the law.
3. Leave a note
When you hit a parked car, you’re expected to make a reasonable attempt to locate the owner of the car and notify them. This effort often proves difficult, which is why many states have adopted a minimal requirement to leave a note with your information.
Pin the note under the wiper (in a sandwich bag if you have one in case it rains). This note helps you avoid being accused of a hit and run. Don’t say anything in the note that puts you in a bad light or admits fault such as “Sorry I ruined your car” or “I’m such a bad driver.”
Some states stipulate the exact details to provide, but at the very least the note should contain your:
- Name
- Address
- Phone number
- A brief explanation of what happened
Keep it simple.
4. Report it to police
If there’s any noticeable damage or injury, you should contact police.
In addition, some states, like Florida and California, legally require you to report any accident to the police as well as provide your information. In New York, a driver must notify police if they’re unable to exchange information.
The penalties for failing to report an accident to authorities are more severe when injuries are involved. The state of Illinois, for instance, charges a felony (varying by aggravation) for fleeing an accident scene and failing to report an injury within 30 minutes.
5. Take photos and video
Take as many photos as you can using your phone or a camera. Include damage to other car, their license plate and other views of the car. Take pictures of your own car damage in case you need repairs through your insurance. Also remember to take a photo or video of the note placed on the car. This visual evidence helps record the exact state of the cars following the accident and proves you followed the law by leaving a note.
6. Talk to witnesses
Talk to any eyewitnesses. This helps show that you didn’t flee the scene and can reinforce your version of events. If you feel uncomfortable approaching strangers, feel free to wait for the police and let them talk to the witnesses.
7. Call your insurance company
Your insurance company expects to be notified of any accident, even if you weren’t able to locate the vehicle owner and left a note. This protects them and you, so be sure to call as soon as possible and tell them about the incident.
8. Consult an attorney
While not legally required, we strongly recommend you schedule a free consultation with a local car accident attorney near you. Depending on the extent of the damage or whether you were at-fault, speaking with a personal injury attorney can help greatly minimize your liability and deal with the claim.
What to do if you panicked and left the accident scene
In a moment of panic, people often make the grave mistake of leaving the scene of the accident after hitting a parked car. This is a hit and run, which is considered a criminal offense, and the owner may have up to 2 years to file a claim.
Fortunately, there are ways you can make the situation right and clear your conscience.
First, how long ago was this? Did it just happen less than an hour ago? If the parked car is still there, go back and leave your contact information on the windshield.
If the car is no longer there, there are two main ways you can handle this:
- The best option is to speak with an attorney immediately about representing you. They can help communicate with police on your behalf and protect you from accidentally making incriminating remarks. Your attorney will help you present your version of events in the best possible light.
- The second (and more intimidation) option, is to contact the police. Be honest. Tell them you panicked and didn’t know what to do. Tell them you made a mistake and you’re calling to report it. Answer their questions and tell them any identifying information you can remember about the other car (license plate, model, color, etc.). Police have to operate within the law, but chances are they’ll appreciate you wanting to do the right thing. They may check to see if there were any reports filed by the owner; if there were none, they may not take it any further. If there are, then it’s better you reached out rather than they find you.
Was the accident your fault?
If the car you hit was parked, you will likely be deemed “at fault” for the accident. The only exceptions to this rule is if the accident was beyond your control (e.g. you swerved to miss a pedestrian) or if the car was parked illegally. In such cases, you may be able to reduce or eliminate your liability with the help of an attorney.
The at-fault driver will be responsible for paying for the other vehicle owner’s damages. This is typically handled through your auto insurance. You’re not legally obligated to repair your own car unless it’s unsafe to have on the road.
Will your insurance go up for hitting a parked car?
If you are at fault, the short answer is probably. Ultimately, though, it’ll depend on your insurer, your insurance policy, the level of damage and if you’ve filed a claim before. Some insurers have “accident forgiveness,” which allows a single at-fault collision without increasing rates.
Should you settle out of pocket? It’s worth noting that most insurers require you to report any accident within a reasonable time. This protect both them and you. However, to avoid increased rates, people do sometimes choose to settle with the other driver out of their own pocket, but this carries some risks.
Ultimately, only you can decide what risks you’re willing to take.
Above all, try not to beat yourself up.
Everyone makes mistakes and many make this one. In the words of poet Alexander Pope: “To err is human; to forgive, divine.”
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Keith Eash says
I hit a parked car last night and left the scene. The police tracked me down and called me and I went back to fill out a report and admitted to it. Although, when I.looked I did’nt think there was any damage. I.looked atbthe tail lights instead of the bumpers. Since, I went back and filled out an acvident report should I contact a lawyer.
Ian Pisarcik says
Keith,
You’ll most likely be contacted by the company that insures the vehicle you hit. Whether or not you want to contact a lawyer may depend on the claim made by the insured party. If you think the claim is reasonable, you may have no need to contact an attorney (particularly since you have admitted liability in the damage is minor). Nevertheless, if you have any doubts, it doesn’t hurt to schedule an initial consultation with an attorney. Most attorneys don’t charge for initial consultations and you can discuss your options (as well as have a contact if things go south).
Randy Segovia says
My vehicle was parked in front of my house. Around 4:00am Jan 20th. It was a hit and run accident where the driver left the vehicle abandoned about l mile passed my house. Local authorities had the vehicle towed. There insurance company only wants to pay me very little for my vehicle. It is considered a total loss. I’m asking the insurance company to fix or replace my vehicle. They won’t. What are my options?
Ian Pisarcik says
Randy,
You can continue to try to negotiate with the insurance company. But, if the insurance company doesn’t budge, you’ll need to reach out to a personal injury attorney. The attorney will submit a demand letter and negotiate your claim on your behalf. Unfortunately, the reality is that attorneys generally have more success negotiating claims.
Elaina M Conant says
I scraped a car in a parking lot at the drs yesterday. I went in to tr and find the owner, left a note w/ my name, umber and explanation and took a couple of pictures. I have not heard from them. How long do they have to contact me??
Ian Pisarcik says
Elaina,
Depending on your state, they have until the statute of limitations runs to file a lawsuit (this is generally 2 or 3 years from the date of the accident). Be sure to keep the pictures somewhere safe in case they try to assert that you caused damage that you didn’t cause.
Amy says
I rented a car hourly today and backed into a parked vehicle. I was terrified and immediately pulled to the side street nearby. The owner of the vehicle found me and realized how panicked and afraid I was and immediately told me it was ok and it didn’t do much to his vehicle and to just worry about the rental car damage. I reported it to the rental company and they told me they are sending it to their claims department. My question is, will I have to pay their $1,000 damage fee said on their website ? or just pay for the paint and 3 inch crack in bumper. It’s very minor and I feel shouldn’t cost much. Will they have to show me proof of what I need to pay? And is there a such thing as payment plan?
Ian Pisarcik says
Amy,
It’s possible your insurance provider will pay the cost, so I would consider reaching out to them first. As far as payment plans go, that depends on the company. Most companies are willing to work with people via a payment plan.
Beatriz says
I just hit a car but it was only the exterior mirror that might have gotten damage at least for me it was. I waited a little bit didn’t see anyone so I left mostly I was scared. What should I do? First time these has happened to me very worried
Ian Pisarcik says
Beatriz,
The proper thing to do is to leave a note with your contact information. I would suggest doing whatever is possible to locate the driver. With that being said, there might not be a lot you can do. Perhaps return to the place where you hit the car to see if the car is parked there (maybe the driver lives and works nearby and is often parked there).
Claudia De Cola says
Hello.
I arrived at work , worked for the day. On coming out i noticed the shine on my car was slightly matt and a tiny new speck was on my car. I noticed is only as i just had my car highly polished.Now im freaking out a car may of pulled out on me and i didnt even feel it. im so confused, What do I do ,If this did happen does it mean? I dont want it to be reported as a hit and run, as i didnt even notice. The slight shine has been taken off my left hand back rear just in front of the back tyre bottom 1/4down . how do you read that what should I do.
Ian Pisarcik says
Claudia,
If you think another car hit you, you’ll have to attempt to identify the at-fault party. Are there potential witnesses you can talk to? Security footage?
Maxime says
How do I handle this situation? I was at the stop light today and a squeegee boy wanted to clean my windshield. I declined and he moved on only to be called over by a guy in a blue pickup truck parallel to me. They began arguing and long story short, they opened the door twice onto my vehicle and damaged it. I didn’t get the tag number and the guy sped off when the lights changed. I didn’t see the damage to my vehicle until I reached home. How do I pursue this matter?
Ian Pisarcik says
Maxime,
In order to pursue a lawsuit, you’ll have to identify the responsible party. Were there any witnesses you could talk to? You might consider reaching out an attorney to help you investigate the matter. Alternatively, you can reach out to your insurance provider and see if they are willing to investigate.
James Hudson says
I had hit a car last week and not realised as the road was very busy and I was getting beeped and shouted at by a driver behind me and I must have hit a car when I thought I jusy caught the side of a tree or the curb. I had driven home and didn’t think anything of it. I’ve now been contacted by the police for my insurance information and mine. I am very scared what will happen now as it was a genuine mistake and hadn’t realised I had hit a car. Will this be an offence as I’ve never been in trouble with the police before or are they handing my information over to the victims insurance company?
Ian Pisarcik says
James,
Unless the police told you otherwise, they are probably just obtaining your insurance information for the victim (so the victim can provide the information to their insurer). Generally, you won’t be guilty of a hit-and-run if you weren’t aware that you hit a vehicle (i.e., if you didn’t run intentionally). Nevertheless, I would recommend speaking with an attorney in your area about your situation.
Gordon says
Hi, I hit a parked unoccupied car in Michigan and it sustained a small 6” dent. I left a note with my number and they called. Since the dent was small I checked with my body shop and they estimated $400 to $450 for the repair. They are asking for $1100 plus car rental, plus depreciation for a total of $2000. Now they are threatening with police and their insurance to “get me”. I’ve already offered to pay $450, what can I do with an unreasonable request?
Ian Pisarcik says
Gordon,
You might want to request that they take the car to your body shop to get an estimate. If they continue to be unreasonable, you’ll have to get your insurance carrier involved. Call your insurance company and let them know what happened and explain that the party is demanding an unreasonable amount of money. Your insurance company will do their own investigation as to the reasonable cost of repairs.
L magill says
Hi, I was illegally parked and reversed into someone unknowingly to me at the time, I returned 5 mins later to find the other car owner waiting on me and both cars bumpers were touching. We exchanged details I took 1 pic of the very minor damage to the other car, no damage whatsoever to my car of any paint missing from either car.
Since I have had time to think about it I don’t think my car has caused the very minor damage to the other car. Where should I go from here and due to the fact I was illegally parked am I guilty?
Ian Pisarcik says
L magill,
You aren’t necessarily liable just because you were illegally parked. The important question is whether you caused the accident. I would wait for the other party (or their insurance company) to contact you seeking payment first. At that point, you can choose to contest the damage. However, because the damages were so minor, you’ll have to weigh whether it’s worth the fight.
Joey says
I hit scratched a parked car while pulling into the parking spot beside. The scratch on their car was about the size of a quarter and no dents from what I could see, and there were security cameras in the area. The owners were inside the car when I hit them. They said they would move their car but I said I would move mine to another location instead since they were already parked. I found another spot nearby, but decided not to park there because it was in a high-traffic area and I was afraid that someone else would hit my car. So I went to park in the lot beside where it was less busy. I walked back to the lot where I hit the person, but they weren’t there anymore. I spent 10min looking for them or their car. I’m afraid that this would look like a hit and run since I parked somewhat far from the scene of the accident. I’ve been stressing about this all day. What should I do now? What’s the worse that can happen to me?
Ian Pisarcik says
Joey,
it sounds like you made an effort to locate the victim. If you exchanged information, simply follow up with them. If you didn’t exchange information, it’s possible they will obtain the security footage in order to get your license plate and contact you. Again, this probably isn’t a hit and run because you made an effort to find the victim. Plus, you can utilize the same security footage to show that you returned to the scene.
Denita Currieo says
I was at the casino and I was backing into a spot but the car in the spot that was next to the spot I was going to park in was parked crooked and I realized that as I was backing up so I moved to a different space. I didn’t leave and when I came out all was fine but the next day a police officer called and I made several attempts to call him back but never was able to reach him. Then yesterday a letter came
for me to appear in court. Now I’m scared what should I do? The court is tomorrow and I just got the letter a day ago. I just moved so my mail is slowly being forward. Also I didn’t know I hit the anything. What should I do?? Please help.
Ian Pisarcik says
Denita,
Make sure you go to court. If you don’t, the judge can rule against you. In the meantime, I would recommend trying to meet with an attorney today. The attorney may be able to request that the hearing be moved to allow you more time to prepare. If you can’t afford an attorney, call your local state bar and ask to be referred to a free or reduced-cost attorney. Explain that you have a court date tomorrow.
Denita says
I’m already at court it was at 9 but they moved it to 10. Also on the summons it says it’s a civil but when I got here they said it was a criminal ticket so I’m worried and don’t know what to do. I guess let the dice roll where they may. I didn’t have any time to speak to a lawyer.
Denita says
I like to thank you for your advise. I went to court and the judge said I should pled not guilty. So that the other party can have a chance to plea their side and bring witnesses. But there was nobody around from what I remember. Because when I went to park in another parking space and walked in there was no one around. And I didn’t go look at the car as where I didn’t know I hit the car. So now I’ve waived my right to a lawyer and have to pay for one myself. So I guess I’ll see if I can find one that can help for free right? I don’t under stand all this and in the sommons they sent me states civil but when arrived to check in they said it was criminal and I had no ideal and truly didn’t know I bump this car
Ian Pisarcik says
Denita,
You can often find a free or reduced-cost attorney by contacting your local bar association. When you call the bar association explain your situation and tell them that you are looking for a referral to a free or reduced-cost attorney.
Kylee says
I hat a parked car on accident and we decided i was going to pay out of pocket but she also told me i need to pay for her uber while her car is getting repaired for 2 days. is that true?
Ian Pisarcik says
Kylee,
You are essentially negotiating an out-of-pocket settlement with the other driver. With that in mind, you don’t have to pay for her Uber. If you refuse to pay, she could (in theory, though it’s unlikely) sue you and ask the court to order you pay for the Uber. Whether or not the court would order that depends on a number of factors, but it is a possibility. I would talk to an attorney in your area if you want help negotiating a settlement.
Latreia Williams says
I hit a car pulling in to the parking space of Walmart and lady was in car she asked me for my information we exchanged it all I told her I don’t have insurance I’m a little afraid of what’s going to happen next I told her I’ll pay for the damage since it was a lil dent she filed a claim against me through her insurance what happens next?
Ian Pisarcik says
Latreia,
The insurance company for the woman you hit will likely contact you and demand payment for the damages. Because you do not have insurance, you will be on the hook for the entire amount. However, you want to make sure the insurance company isn’t demanding more than the amount of damages that you caused. If you believe the insurance company is making an unreasonable demand, you may want to contact an attorney in your area to help negotiate a settlement.
Manny Rodriguez says
So basically what happened that I was pulling out of the street curb I wasn’t paying attention and I hit a mini van on the side I stoped and got out of the car the other driver came out and asked me what happened I told him I was sorry I hit his car I was already taking out my license and I was about to give my insurance and information but then he said no don’t worry about it man you seem like a cool guy these things happen just next time be a little more aware and then left could I suffer any consequences for this incident ?
Ian Pisarcik says
Manny,
The person you hit could always decide to sue you at a later date. Though it’s pretty unlikely, particularly if the driver didn’t take your information. You might consider taking a photograph of your car just in case the driver attempts to sue you later and claims that you caused more damage than you actually caused.
Irwing says
I hit a car in a parking garage and drove off in a panic but returned a minute after i calmed down and left my information. It was a first for me and i felt bad. Later she called me and said thank you for leaving my information. Now im paying in full for the damage i caused
Ale says
Was told that if you hit a parked car that is not parked fully into a parking space it is still your fault. My question is how does it make it your fault if the car was not all the way parked in the the space. Hit a parked car because the front of it was sticking out of the parking space.
Ian Pisarcik says
Ale,
There is no blanket rule that if you hit a parked car that’s not in a parking spot it’s your fault. It’s certainly possible that a court would find you at fault (the idea being that you had a duty to avoid striking another car no matter where it’s located). However, it’s also possible that a court would find the other party partially at fault for being outside the parking lines (this is particularly likely if the lot is unlit, etc.). I would recommend speaking to a lawyer in your area.